1 00:00:02,000 --> 00:00:03,966 HARI SREENIVASAN: We turn now to part two of the fight over a controversial and once 2 00:00:03,966 --> 00:00:06,500 classified memo. 3 00:00:06,500 --> 00:00:10,500 Earlier this month, House Intelligence chairman Devin Nunes released a Republican memo about 4 00:00:10,500 --> 00:00:13,166 the handling of one piece of the Russia investigation. 5 00:00:13,166 --> 00:00:17,200 Over the weekend, Democrats served up their own version of the document. 6 00:00:17,200 --> 00:00:19,333 Lisa Desjardins takes a closer look. 7 00:00:19,333 --> 00:00:23,633 LISA DESJARDINS: This memo, 10 pages long and partially redacted, rebuts a key claim 8 00:00:23,633 --> 00:00:28,400 made by the previous one, that federal law enforcement abused its powers when it sought 9 00:00:28,400 --> 00:00:33,400 so-called FISA wiretaps on former Trump campaign aide Carter Page in late 2016. 10 00:00:35,600 --> 00:00:39,200 In a weekend tweet, the president called this latest memo, prepared by the top Democrat 11 00:00:39,200 --> 00:00:44,200 on House intelligence, Representative Adam Schiff, a total political and legal bust. 12 00:00:45,033 --> 00:00:46,033 What is exactly? 13 00:00:46,033 --> 00:00:48,566 Let's talk to Jamil Jaffer. 14 00:00:48,566 --> 00:00:51,900 He was senior counsel for the House Intelligence Committee from 2011 to 2013, also served at 15 00:00:51,900 --> 00:00:56,900 the Justice Department's National Security Division during the George W. Bush administration. 16 00:00:57,533 --> 00:00:59,633 Thank you. 17 00:00:59,633 --> 00:01:02,200 There's much to say and a lot of frenzy here, but let's cut to sort of the main point. 18 00:01:02,200 --> 00:01:07,200 The original memo charged that the FBI and DOJ put a hand on the scale early on in this 19 00:01:09,300 --> 00:01:13,300 Russia investigation by not disclosing that one of their key sources had political motivation. 20 00:01:15,366 --> 00:01:18,400 What did this new Democratic memo add to that? 21 00:01:18,400 --> 00:01:20,400 JAMIL JAFFER, Former Senior Counsel, House Intelligence Committee: Well, I think it's 22 00:01:20,400 --> 00:01:23,533 pretty clear now that the Justice Department did in fact disclose to the court that there 23 00:01:23,533 --> 00:01:26,333 were political motivations behind the Steele dossier. 24 00:01:26,333 --> 00:01:28,400 Right? 25 00:01:28,400 --> 00:01:31,400 And the only question now is, did they use the words Hillary Clinton and Democratic campaign? 26 00:01:31,400 --> 00:01:34,966 The answer to that is no, but they didn't do that in part because they were redacting 27 00:01:34,966 --> 00:01:37,400 out the names of U.S. persons and U.S. entities. 28 00:01:37,400 --> 00:01:39,766 And so should they have said more? 29 00:01:39,766 --> 00:01:41,066 Hard to know. 30 00:01:41,066 --> 00:01:43,166 But I think that is what the debate is about now. 31 00:01:43,166 --> 00:01:45,700 We now know that in fact they did tell the court that there were political motivations 32 00:01:45,700 --> 00:01:47,266 behind it. 33 00:01:47,266 --> 00:01:49,400 LISA DESJARDINS: So, let's unpack that a little bit. 34 00:01:49,400 --> 00:01:51,233 The Steele dossier, many of our views may know, because it has sort of some scintillating 35 00:01:51,233 --> 00:01:53,466 information alleged against the president. 36 00:01:53,466 --> 00:01:55,666 Some of that has been debunked. 37 00:01:55,666 --> 00:02:00,700 And that information originally was gathered by a conservative funding source. 38 00:02:01,566 --> 00:02:03,566 Later, Democrats paid for that. 39 00:02:03,566 --> 00:02:05,633 It ended up in the FBI's hands. 40 00:02:05,633 --> 00:02:10,100 And you're saying is, this memo today tells us that while the FBI did disclose there was 41 00:02:11,533 --> 00:02:13,100 a political motivation, but not exactly who it came from? 42 00:02:13,100 --> 00:02:15,166 JAMIL JAFFER: Exactly. 43 00:02:15,166 --> 00:02:18,766 And it says -- what it says is that people who want to discredit campaign one, the Trump 44 00:02:18,766 --> 00:02:23,133 campaign, were gathering this information, right, and that they had paid the source for 45 00:02:23,133 --> 00:02:24,566 this information. 46 00:02:24,566 --> 00:02:26,500 So, you know, from the context, it's fairly clear. 47 00:02:26,500 --> 00:02:30,433 I mean, the court could easily assume who was paying for this. 48 00:02:30,433 --> 00:02:34,600 But they weren't exactly transparent about that exact point as to which campaign it was 49 00:02:34,600 --> 00:02:36,033 and who was involved. 50 00:02:36,033 --> 00:02:37,866 The Republican memo suggests they should have been. 51 00:02:37,866 --> 00:02:39,933 The Democratic memo says, well, they told the court enough. 52 00:02:39,933 --> 00:02:44,100 Now the American people now have an honest sort of debate between the two about who's 53 00:02:44,100 --> 00:02:45,833 got it right here. 54 00:02:45,833 --> 00:02:47,900 LISA DESJARDINS: Can you help us understand then what's normal procedure? 55 00:02:47,900 --> 00:02:51,533 You have been on both sides, the oversight side and the filing application side. 56 00:02:51,533 --> 00:02:55,533 Is it normal to just say there was someone who was politically motivated, we're not saying 57 00:02:55,533 --> 00:03:00,566 from which party, involved here, or is it more the common procedure to say Democrats 58 00:03:01,866 --> 00:03:03,300 were doing this or Republicans were doing this? 59 00:03:03,300 --> 00:03:05,233 JAMIL JAFFER: Well, it varies, when it comes to FISAs. 60 00:03:05,233 --> 00:03:07,333 Right? 61 00:03:07,333 --> 00:03:09,600 What you want to do is, you want to give the court enough information about the context 62 00:03:09,600 --> 00:03:13,000 and about the information so the court can judge, is this reliable information on which 63 00:03:13,000 --> 00:03:16,633 to depend when it's making its decision about whether to grant the court order and whether 64 00:03:16,633 --> 00:03:20,166 there's probable cause to believe that Carter Page was an agent of a foreign power. 65 00:03:20,166 --> 00:03:24,133 Now, at the same time, depending on which side of that debate you fall on, you might 66 00:03:24,133 --> 00:03:26,233 want to give the court more or less information. 67 00:03:26,233 --> 00:03:28,800 The goal is to give the court as much information as it needs to make its judgment. 68 00:03:28,800 --> 00:03:32,400 Here, they were clear about the political motivations behind the memo. 69 00:03:32,400 --> 00:03:34,433 They were not clear specifically about which side. 70 00:03:34,433 --> 00:03:38,300 And that's partly because they take efforts to protect the privacy of U.S. persons involved 71 00:03:38,300 --> 00:03:42,566 and they typically redact out U.S. persons' names and put in U.S. person one or U.S. entity 72 00:03:42,566 --> 00:03:43,566 one. 73 00:03:43,566 --> 00:03:45,666 That's not unusual. 74 00:03:45,666 --> 00:03:48,333 LISA DESJARDINS: Let's take a bigger step back also at this overall investigation. 75 00:03:48,333 --> 00:03:53,333 Does today's memo shed any light on what we know about Russian meddling and whether there 76 00:03:55,333 --> 00:03:57,900 were any contacts or any collusion between Russians and U.S. officials, including the 77 00:03:57,900 --> 00:04:00,100 Trump campaign or the Trump White House? 78 00:04:00,100 --> 00:04:01,266 Do we learn anything more? 79 00:04:01,266 --> 00:04:03,366 Is this just a tempest in a teapot? 80 00:04:03,366 --> 00:04:05,900 JAMIL JAFFER: So, I think, in a lot of ways, what we know now about Carter Page is that 81 00:04:05,900 --> 00:04:09,066 Carter Page, there were a lot of reasons to surveil him, right, beyond the dossier. 82 00:04:09,066 --> 00:04:12,833 LISA DESJARDINS: Just a reminder, he was at one point, for a few months, a foreign policy 83 00:04:12,833 --> 00:04:13,933 adviser to the Trump campaign. 84 00:04:13,933 --> 00:04:16,000 JAMIL JAFFER: That's right. 85 00:04:16,000 --> 00:04:18,733 Of course, this FISA took place after he had left the campaign already and was disassociated 86 00:04:18,733 --> 00:04:20,200 with the campaign. 87 00:04:20,200 --> 00:04:22,266 But there were good reasons to surveil Carter Page. 88 00:04:22,266 --> 00:04:23,966 Now, ultimately, it looks like that investigation hasn't come to anything. 89 00:04:23,966 --> 00:04:26,100 But there were good reasons at the time to do that. 90 00:04:26,100 --> 00:04:30,033 That all being said, what we did know about the larger context is in fact there was a 91 00:04:30,033 --> 00:04:32,100 Russian effort to influence our elections. 92 00:04:32,100 --> 00:04:36,933 It's actually an effort that continues today to influence our trust in our system. 93 00:04:37,400 --> 00:04:39,433 Right? 94 00:04:39,433 --> 00:04:41,500 And this partisan infighting about Carter Page in the memos is actually really playing 95 00:04:41,500 --> 00:04:43,566 into the Russians' hands in a lot of ways. 96 00:04:43,566 --> 00:04:45,900 And it's something that we as a country need to think about and come together and say, 97 00:04:45,900 --> 00:04:48,033 look, this is a very real threat by a foreign nation state. 98 00:04:48,033 --> 00:04:50,633 We need to respond to that, and respond aggressively. 99 00:04:50,633 --> 00:04:54,033 LISA DESJARDINS: People trying to pay attention to this investigation, what would you recommend? 100 00:04:54,033 --> 00:04:55,533 What matters and what is distraction? 101 00:04:55,533 --> 00:04:57,533 JAMIL JAFFER: Yes. 102 00:04:57,533 --> 00:05:00,300 I think what matters here is, if you believe there was a problem at the FBI or there were 103 00:05:00,300 --> 00:05:02,133 issues going on, what's the evidence of that? 104 00:05:02,133 --> 00:05:04,200 And if it's there, let's figure out how to fix that. 105 00:05:04,200 --> 00:05:07,533 But let's not get caught up in this back and forth about Republicans, Democrats, right, 106 00:05:07,533 --> 00:05:12,033 this whole thing, this fight between Schiff and Nunes on one hand. 107 00:05:12,033 --> 00:05:15,966 And really what you need to focus on is, was there a problem and was there political influence 108 00:05:15,966 --> 00:05:16,966 here? 109 00:05:16,966 --> 00:05:19,033 If there was, let's fix it. 110 00:05:19,033 --> 00:05:21,133 If there wasn't -- but this doesn't bespeak a larger problem with the FISA process, because, 111 00:05:21,133 --> 00:05:25,433 ultimately, that process has worked pretty well and is very effective at combating threats 112 00:05:25,433 --> 00:05:26,433 to our national security. 113 00:05:26,433 --> 00:05:28,400 We need to focus on that. 114 00:05:28,400 --> 00:05:30,133 And there is today a very real threat to our national security . And that is a Russian 115 00:05:30,133 --> 00:05:32,500 effort to influence our body politic, which is a real problem. 116 00:05:32,500 --> 00:05:35,666 LISA DESJARDINS: Jamil Jaffer, you have seen that process from the halls of Congress and 117 00:05:35,666 --> 00:05:36,666 from the Department of Justice. 118 00:05:36,666 --> 00:05:37,833 Thank you for joining us. 119 00:05:37,833 --> 00:05:37,966 JAMIL JAFFER: Thanks for having me.